The morning news. [volume] (Savannah, Ga.) 1887-1900, 1887-12-24
Marriage and Divorce Laws.


Senator Dolph's joint resolution, propos-
ing constitutional amendment on the sub
iect of marriage and divorce, may not
command a great deal of attention from
this Congress. Indeed, it may not get a
strong grasp upon the Congressional mind
for several Congresses but if it is judiciousy
and forcibly urged, session after session,
the probabilities are that it will be passed
within very few years. 1t required thir-
teen years TO get Congress to pass the inter
state commerce law. and Senator Blair's
educational bill has already been discussed
eight years. Some of the best measures
ever passed by Congress were those which
were considered many years before being
finally acted upon.
The feeling is now against giving Con
gress power 10 legislate on marriage and
divorce, although it is apparent TO thinking
men that the best interests of society would
be subserved by doing 50. The States don't
want to surrender any Of their powers and
privileges, and there is very strong senti-
ment against any legislation which encour-
ages Capitalization. The divorce evil is be
coming 50 great, however, that the States
and the opponents of Capitalization will be
willing, at no very distant day, to make con-
cessions TO check it.
The divorce laws of no two States are
alike The difference in these laws of the
various States, the conflicting decisions I'M
der them and the ignorance with regard TO
them make it possible to palm off fraudu-
Leaf divorces upon unsuspecting people, and
As,-a
ease. A few days ago the New York Sun
devoted eight or ten columns to exposing
the methods employed to obtain bogus
divorces. From the facts which it pre-
scented it is clear that hundreds, and per-
haps thousands, Of people are bigamists in
fact, though they are not aware of having
violated any law. They were deceived into
believing that they were legally divorced
There are so many laws bearing upon di.
vorce, and the general belief is so strong
that in many of the States a divorce can be
obtained without any trouble, and for al
most any cause that bogus divorce lawyers
have little difficulty in finding dupes.
In some of the courts of some of the States,
genuine divorces are obtained altogether
too easily. Men and women not in
frequently find themselves divorced
who are not aware that divorce
proceedings had been begun against them
The consequence is that people seek divorces
who have no grounds for them. They be-
come tired of the marriage yoke, or of
those to whom they are married, and as the
divorce court offers them the means Of So
curing the liberty they desire, they apply
to it,
The suffering, misery and crime which
can be properly charged to the divorce laws
can hardly be overestimated. The number
of homes which are broken up by them in
the course of year, in different parts of
the country, must be very large. At the
present rate at which divorces are increas-
ing, it will not be long before a very large
percentage of people in all grades of society
will have figured in the divorce courts.
There is another reason why Congress
should legislate on marriage and divorce
1t is that if Utah is admitted Congress will
no longer have power to suppress polygamy
there, and that institution will flourish in
the new State without anything to restrain
it. The Mormone pretend that they will
abolish it, but they are not to be trusted.
II the constitution is amended in accord
ance with Senator Dolph's resolution, po-
lygamy will be impossible and divorce will
be brought within healthy limits. The
divorce laws will be few in rumber, and
they will apply to the whole country 1t
will be possible to obtain divorce only for
good cause, and there will be no such
thing as a bogus divorce. While, therefore,
there is much to be said against Senator
Dolphs resolution, there is more to be said
for it.